Posts Tagged ‘Hearings’

Be specific when answering the judge’s questions at your Social Security hearing.
Avoid answering a question with, “occasionally,” “sometimes” or “every once in a while.”  This is not specific enough.  
To you, “occasionally” may mean “every other day,” but the judge may interpret it as “a couple of times a month.”  As a Colorado Social Security lawyer, [...]

I am going to let you in on a secret. In my years helping people with Social Security disability cases in Colorado, I have seen time and again: Judges respond to a positive attitude.  
Here are some questions I have heard judges ask:
What do you see for your future?
Where do you think you will be in a [...]

If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.  
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.”  You only have 60 + 5 days to get the [...]

Here is a useful exercise you can do to prepare for your hearing:  keep a journal of everything you do from the moment you wake up to the moment you go to sleep, including every time you take a break.  
Don’t worry.  You do not have to turn this in to anyone, not to your lawyer [...]

Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).”
Often, by the time the claimant’s hearing comes to be scheduled, the ALJ will review the file [...]

Charles T. Halls’ Social Security News blog ran an interesting article about Social Security’s plan to expand the video hearing system.  Currently, video hearings take place with the claimant and their attorney (if they have one) at one ODAR (Office of Disability Adjudication and Review) office, and the ALJ at another ODAR office.  
The new plan is [...]

You are finally at your hearing.  The judge, wearing black robes, turns to you and asks:
“You last worked in 2003, right?”
It’s the “Dirty Harry” moment! You try to remember.  
Was it 2003?  Maybe it was 2004?  Or 2005?  Well, if the judge thinks it was 2003, it must have been 2003.
“Yes, judge. I last worked [...]

Your hearing has finally been scheduled?  Wonderful!  What will you wear?
Does this seem an odd thing to ask?  After a ridiculously long wait, you finally get your chance to present your case to a judge.  There is a lot to think about:  Social Security’s standard of disability, the 5 step sequential evaluation process, answering the [...]

In my experience with Colorado Social Security cases, hearings are usually scheduled approximately 12-14 months after the appeal is filed.   That is the most common time frame that I see for having a hearing scheduled.
However,  I occasionally see cases scheduled as early as six months after the appeal (this is pretty rare), and sometimes as late [...]

Getting a Partly Favorable or Partially Favorable decision in a Social Security disability claim is confusing for a lot of people.  
First, lets go over what it does not mean.  Under the Social Security system, there is no partly or partially disabled. Either your impairments keep you from being able to work (and therefore [...]

I went to my Social Security hearing. But, the Judge did not say if she was going to find me disabled or not. When do I get my decision?!?

As you personally experienced, in most Social Security cases, the judge does not rule on your case at your hearing. In Colorado, I only [...]

I enjoyed attorney Gordon Gates‘ article about knowing who your judge is in your Social Security case:
The first thing I want to know when I receive a hearing notice for a Social Security disability claim is the name of the administrative law judge (ALJ) who will hear the case and decide the claim. It probably [...]

To be found disabled, generally you have to show that you are unable to perform some type of full time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go [...]

Social Security has a great website that describes the hearing process including how to file an appeal, what happens at a hearing, and how to file a complaint if you feel you have been mistreated by an Administrative Law Judge.

DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.
In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases [Social Security] can’t produce the tapes at all because they have been purportedly [...]